City of Edgewood, Texas Code&of&Zoning&Ordinances &

Transcription

1 ! City of Edgewood, Texas Code&of&Zoning&Ordinances & ARTICLE I. IN GENERAL Sec Title. (Sections&4861&>>>>>Sections&48625&thru&47)! Sec Purpose. Sec Definitions. Sec Districts. Sec "R-1" One-Family Dwelling District. Sec "R-2" Multi-family Dwelling District. Sec "B-1" Neighborhood Business/Historical District. Sec "B-2" Highway/Commercial Business District. Sec E Educational District Sec "I" Industrial District. Sec Additional use, height, and area regulations and exceptions. Sec Nonconforming uses. Sec Permits. Sec Community unit plan. Sec Neighborhood shopping center. Sec Certificate of occupancy. Sec Boundaries of districts. Sec Board of Adjustment, establishment and power; appeals. Sec Changes and amendments. Sec Enforcement and penalty for violation. Sec Interpretation, purpose and conflict. Sec Validity. Sec Special use permits. Sec Penalty for violation. Secs Reserved!! Sec Title. This article shall be known and may be cited as the Zoning Ordinance of the City of Edgewood, Texas. Pg.!1!

2 Sec Purpose. The zone regulations and districts as herein established have been made in accordance with a comprehensive plan for the purpose of promoting health, safety, morals, and the general welfare of the City. They have been designed to lessen congestion in the streets; to secure safety from fire, panic or other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid concentration of population; to facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements. They have been made with reasonable consideration, among other things, of the character of the district and its peculiar suitability for particular uses, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the City. Sec Definitions. For the purpose of this article certain terms and words are hereby defined. Words used in the present tense shall include the future: the singular number shall include the plural and the plural the singular. The word "building" shall include the word "structure," the word "lot" includes the word "plot," and the word "shall" is mandatory and not merely permissive or directory. Accessory buildings and use means a subordinate building or a portion of the main building, the use of which is incidental to the main building or to the main use of the premises. An accessory use is one which is incidental to the main use of the premises. Alley means a public or private thoroughfare, which affords only a secondary means of access to property abutting thereon. Apartment means a room or suite of rooms in a multiple dwelling, or a building in which more than one living unit is established above or on the same floor as nonresidential uses, which room or suite is intended or designed for use as a residence by one family and which includes culinary accommodations. Apartment house means a building or portion thereof used or designed as a residence for three or more families living independently of each other and doing their own cooking in said building, including apartments and apartment hotels. Boardinghouse means a building other than a hotel where for compensation and by prearrangement for definite periods, meals or lodging and meals are provided for three or more persons, but not exceeding 20 persons. Building means any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels, or property. Clinic means an office or group of offices for one or more physicians, surgeons, or dentists engaged in treating the sick or injured, but not including rooms for the abiding of patients. District means a section of the City of Edgewood, Texas, for which regulation governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform. Dwelling means any building or portion thereof which is designed and used exclusively for residential purposes. Dwelling, multiple-family, means a building having accommodations for and occupied exclusively by more than two families. Dwelling, single-family, means a building having accommodations for and occupied exclusively by one family. Dwelling, two-family, or duplex means a building having accommodations for and occupied exclusively by two families. Family means one or more persons occupying a premises and living as a single housekeeping unit as distinguished from a group occupying a boardinghouse, lodging house, or hotel as herein defined. Pg.!2!

3 Filling or service station means any building or premises used for the dispensing, sale, or offering for sale at retail of any automobile fuels or oils. When the dispensing, sale, or offering for sale is incidental to the conduct of a public garage, or retail store, the premises are classified as a public garage or retail store. Frontage means all the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all the property abutting on one side between an intersecting street and the dead-end of the street. Garage, private, means an accessory building or portion of the main use building, designed for or used for the housing of the motor-driven vehicles, which are the property of, and for the private use of the occupants of the lot on which the private garage is located. Not more than one of the vehicles may be a commercial vehicle and may not be more than 1½ tons capacity. Garage, public, means a building or portion thereof, other than a private garage, designed or used for equipping, preparing, hiring, servicing, selling, or storing motor-driven vehicles. Grade means: (1) For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street. (2) For buildings having walls adjoining more than one street, the average of the elevation of the sidewalk at the center of all walls adjoining the streets. (3) For buildings having no walls adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building. Any wall approximately parallel to and not more than five feet from the street line shall be considered as adjoining the street. Where no sidewalk exists, the City Building Inspector shall establish the grade. Height of building means the vertical distance from the grade to the highest point of the coping of a flat roof, to the deck line of a mansard roof, or the mean height level between the eaves and ridge for gable, hip and gambrel roofs. Home occupation means any occupation or profession engaged in by the occupants of a dwelling not involving the conduct of a retail business, and not including any occupation conducted in any building on the premises except in the building which is used by the occupant as the occupant's private dwelling. Home occupations shall include, in general, personal services such as furnished by an architect, lawyer, physician, dentist, musician, artist, and seamstress, when performed by the person occupying the building as the occupant and not including a partnership or the employment of more than one assistant in the performance of such services. Hotel means a building in which lodging or board and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to a boardinghouse, a lodging house, or an apartment, which are herein defined. Lodging house means a building or place where lodging is provided (or which is equipped to provide lodging regularly) for pre-arranged definite periods for compensation, for three or more persons, in contradistinction to hotels open to transients. Lot means a parcel of land occupied or intended for occupancy by a use permitted in this article, including one main building with its accessory buildings, the open spaces and parking spaces required by this chapter, and having its principal frontage upon a street or upon an officially approved place. Lot, corner, means a lot abutting upon two or more streets at their intersection. Lot, depth of, means the mean horizontal distance between the front and the rear lot lines. Nonconforming use means any building or land lawfully occupied by a use at the time of passage of the ordinance from which this article is derived or amendment thereto which does not conform after the passage of the ordinance from which this article is derived or amendment thereto with the use regulations of the district in which it is situated. Pg.!!3!

4 Parking space means an area enclosed or unenclosed containing not less than 160 square feet exclusive of the driveways connecting said space with a street or alley. Said parking space and connecting driveway shall be durably surfaced and so arranged to permit satisfactory ingress and egress of an automobile. Story means that portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it; or if there be no floor above it then the space between the floor and the ceiling next above it. Street means a public thoroughfare, which affords the principal means of access to abutting property. Structural alteration means any change in the supporting members of a building, such as bearing walls of partitions, columns, beams or girders, or any complete rebuilding of the roof or the exterior walls. Structure means anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, including, but without limiting the general inclusiveness of the foregoing, advertising signs, billboards, poster boards, and pergolas. Tourist court, auto court, motel, or motor lodge means a group of attached, semidetached or detached buildings containing individual sleeping or living units, designed for or used temporarily by automobile tourists or transients, with garage attached or parking space conveniently located to each unit and offering to the public daily as well as other longer terms rental rates, and maintaining a register of guests and/or their vehicles. Trailer means any structure used for living, sleeping, business, or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses, or skirting and which is, has been, or reasonably may be, equipped with wheels or other devices for transporting the structure from place to place whether by motive power or other means. The term "trailer" shall include camp car and house car, motor home, travel trailer, fifth wheel, and the like. For the purposes of this article, a structure falling within this definition shall be deemed to be a single-family dwelling. (See section 48-5, "R-1" One-Family Dwelling District.). Trailer camp or trailer coach park means a lot or tract of land where facilities and accommodations are provided by the day, week, and month or for a longer period of time, for or without compensation for two or more trailers when such trailers are being used for human habitation. Yard means an open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a yard, the depth of a front yard, or the depth of a rear yard, the horizontal distance between the lot line and the main building shall be used. Yard, front, means a yard extending across the front of a lot between the side yard lines, and being the minimum horizontal distance between the street line and the main building or any projections thereof other than the projection of the usual steps, unenclosed balconies or open porch. Yard, rear, means a yard extending across the rear of a lot, measured between the side lots, and being the minimum horizontal distance between the real lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots the rear yard shall in all cases be at the opposite end of a lot from the front yard. Yard, side, means a yard between the main building and the sideline of the lot, and extending from the front lot line to the rear yard line. Pg.!4!

5 Sec Districts. (a) For the purpose of regulating and restricting the height and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, and other open spaces, the density of population, and the location and use of buildings, structures and land for trade, industry, residents or other purposes, the City, is hereby divided into districts, of which there shall be six classes in number, and which shall be known as: "R-1" One-Family Dwelling District. "R-2" Multi-family Dwelling District. "B-1" Neighborhood/Historical Business District. "B-2" Highway/Commercial Business District. "E Educational District "I" Industrial District. (b) The boundaries of the districts listed above are shown on the map that is on file in the office of the City Secretary and made a part of this article by reference, which map is designated as the "Zoning District Map." Said district map and all notations, references, and other information shown thereon are made a part of this article and shall have the same force and effect as if said map and said data thereon were fully set forth or described herein. Said map shall, on its face, be identified and verified in the manner following: It shall bear the title "Zoning District Map Edgewood, Texas"; it shall bear even date with the passing of this article, it shall bear the name of the mayor; and it shall be attested by the signature of the City Secretary. The original of said map shall be kept in a proper place in the municipal building. (c) Whenever any street, alley, or other public way is lawfully vacated by the City Council, the zoning district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacated area and thereafter all land included in said vacated area shall be subject to all applicable regulations of the extended districts. All territory hereafter annexed to the City shall be classified as "R-1" One-Family Dwelling District, until permanently zoned by the City Council. The City Planning Commission shall, as soon as practicable after annexation of any territory to the City, institute proceedings on its own motion to give the newly annexed territory permanent zoning, and the procedure to be followed shall be the same as provided by law for the adoption of original zoning regulations, except as hereinafter provided: (1) No building shall be erected, converted, enlarged, reconstructed, or structurally altered, and no building or land shall be used for any purpose that is not permitted in the district in which the building or land is situated. (2) No building shall be erected, converted, enlarged, reconstructed, or structurally altered to exceed the height limit herein established for the district in which the building is situated. (3) The minimum yards and other open spaces, including lot area per family, required by this article for each and every building existing at the time of the passage of this article, or for any building hereafter erected, shall not be encroached upon or considered as yard or open space requirements for any other building, nor shall any lot area be reduced to an area less than the district requirements of this article. (4) Every building hereafter erected or structurally altered shall be on a lot as herein defined, and in no case shall there be more than one main building on one lot except as otherwise provided in this article. (5) The use of trailers, as such term is defined in section 48-3 for living, sleeping, business, or storage purposes, is prohibited within the City. Pg.5!

6 (6) A temporary permit for a variance from this section for a period not to exceed two weeks may be obtained from the City Administrator upon presentation of evidence of necessity satisfactory to the City Administrator. (7) An applicant may appeal denial of a temporary permit to the City Council. Sec "R-1" One-Family Dwelling District. The following regulations shall apply to the "R-1" One-Family Dwelling District: (1) Use regulations. A building or premises shall be used only for the following purposes: a. Single-family dwellings. b. Church (except temporary revival). c. School, public or private, having a curriculum equal to a public elementary, high school, or institution of higher learning. d. Public parks, playgrounds, golf courses (except miniature golf); public recreation and community buildings. e. Municipal buildings, nonprofit libraries, or museums, police and fire stations. f. Farms, nurseries, truck gardens and greenhouses, provided no sales office is maintained. g. Customary home occupations. h. Accessory buildings and accessory uses, customarily incident to the above uses (not involving the conduct of a business), when located on the same lot, including a private garage for one or more cars, bona fide servants quarters not for rent or used for commercial purposes. i. Signs. 1. One unlighted sign, which shall not exceed one square foot in area, indicating the name of the occupant or occupation of a customary home occupation, provided the sign is attached flat wise to the building. 2. One sign, which shall not exceed 18 square feet, for church or school. 3. One temporary unlighted sign, which shall not exceed four square feet in area, pertaining to the lease, hire or sale of the building or premises, provided the sign is immediately removed upon the lease, hire or sale of such building or premises. (2) Height regulations. No building shall exceed 2½ stories or 35 feet in height except as provided in section (3) Area regulations. a. Front yard. There shall be a front yard along the front line of the lot. The minimum depth of such front yard shall be 30 feet. b. Side yard. There shall be a side yard on each side of a building of not less than ten percent of the width of the lot, but such side yard need not exceed six feet and shall not be less than five feet. c. Rear yard. The depth of the rear yard shall be at least 30 percent of the depth of the lot, but such depth need not be more than 40 feet. (4) Intensity of use. Every lot or tract of land shall have an area of not less than 5,400 square feet and an average width of not less than 50 feet, except that if a lot or tract should have less area or width than is herein required in its boundary lines along their entire length touching lands under other ownership on the effective date of the ordinance from which this article is derived not have been changed since said date, such parcel of land may be used for a single-family dwelling. Pg.!6!

7 (5) Additional use, height, and area regulations. Additional use height, and area regulations and exceptions are found in section Sec "R-2"Multi-family Dwelling District. The following regulations shall apply to the "R-2" Multi-family Dwelling District: (1) Use regulations. A building or premises shall be used only for the following purposes: a. Any use permitted in the "R-1" One-Family Dwelling District. b. Two-family or duplex dwellings. c. Apartment houses or multiple-family dwellings. d. Boardinghouses, lodging houses, and rooming houses. e. Hospitals, excepting tubercular, liquor, narcotics, insane, feeble-minded, or animal hospitals. f. Private clubs, fraternities, sororities, and lodges, excepting those the chief activity of which is a service customarily carried on as a business. g. Institutions of a religious, educational or philanthropic nature. (2) Height regulations. No building shall exceed 2½ stories or 35 feet in height. (3) Yard regulations. a. Front yard. There shall be a front yard along the front line of the lot. The minimum depth of such front yard shall be 25 feet. b. Side yard. There shall be a side yard on each side of a building of not less than ten percent of the width of the lot, but such side yard need not exceed five feet and shall not be less than four feet. c. Rear yard. The depth of the rear yard shall be at least 25 percent of the depth of the lot, but such depth need not be more than 25 feet. (4) Intensity of use. Except as hereinafter provided, all dwellings hereafter erected, enlarged, relocated, or reconstructed, shall be located on lots containing the following areas: a. A lot on which there is erected a single-family dwelling shall contain an area of not less than 5,400 square feet. b. A lot on which there is erected a two-family dwelling shall contain an area of not less than 5,400 square feet. c. A lot on which there is erected an apartment house or multiple-family dwelling shall contain an area of not less than 1,800 square feet per dwelling unit. d. Where a lot or tract has less area than herein required and its boundary lines along their entire length touched lands under other ownership on the effective date of the ordinance from which this article is derived and have not since been changed, such parcel of land may be used for a single-family dwelling. (5) Parking regulations. Whenever a structure is erected, converted, or structurally altered for a two-family dwelling or a multiple-family dwelling, one parking space shall be provided and maintained on the lot for each dwelling unit in the building. Such parking space shall be on the lot and so arranged as to permit satisfactory egress and ingress of an automobile, and such parking area shall be in addition to driveways. (6) Additional use, height and area regulations. Additional use, height, and area regulations and exceptions are found in section Pg. 7

8 Sec "B-1" Neighborhood Business District. The following regulations shall apply to the "B-1" Neighborhood/Historical Business District: (1) Use regulations. A building or premises shall be used only for the following purposes: a. Any use permitted in the "R-2" Multi-family Dwelling District. b. Advertising signs, when the same are attached to a building and advertise only services, articles, or products which are offered within the building to which such sign is attached, and provided that such sign shall not extend above the outside walls of such building, nor more than one foot from the face of the walls of such building, nor shall it contain an area of more than 12 square feet. One freestanding sign not to exceed 24 feet in height will be allowed in the front yard provided such sign does not exceed 30 feet in area. c. Automobile parking lots. d. Bakeries employing not more than five persons that are completely within an enclosed building. No building or structure shall be erected, converted or constructed to allow for the interior passage of motor vehicles for the retail sale or delivery of foods and/or beverages. e. Bank. f. Beauty parlor. g. Barbershop. h. Billiard or pool hall. i. Cleaning, pressing and dyeing plants employing not more than five persons each. j. Clinic. k. Garage, public. l. Filling station, service station, provided all storage tanks for gasoline shall be below the surface of the ground. m. Laundries, employing not more than five persons on the premises. n. Laundries, self-service. o. Ice retail distributing station, no manufacturer, and capacity not to exceed five tons storage. p. Job printing provided total mechanical power used in operation of such printing plant shall not exceed five horsepower. q. Lodge halls. r. Mortuaries. s. Offices. t. Radio repair and sale shops. u. Radio studios. v. Real estate offices. w. Restaurants, cafes, cafeterias and/or taverns that are completely within an enclosed building. No building or structure shall be erected, converted or constructed to allow for the interior passage of motor vehicles for the retail sale or delivery of foods and/or beverages. x. Stores and/or shops for the sale of products at retail only that conduct retail sales completely within an enclosed building. No building or structure shall be erected, converted or constructed to allow for the interior passage of motor vehicles for the retail sale or delivery of foods and/or beverages. Pg.!8!

9 y. Studios (art, photo, music). (2) Height regulations. No building shall exceed 2½ stories or 35 feet in height. (3) Yard regulations. a. Front yard. There shall be a front yard along the front line of the lot. The minimum depth of such front yard shall be 20 feet. b. Side yard. For uses permitted in the "R-2" district the side yard regulations for that district shall apply for the additional uses permitted in the "B-1" district. No side yards are required except that on a corner lot the side yard on a street shall be 20 feet. Where a lot is used for any of the commercial purposes permitted in this district and abutting on the side of an "R-1"or "R-2" district there shall be a side yard of not less than five feet. c. Rear yard. For uses permitted in the "R-2" district the rear yard shall be the same as in the "R-2" district. For all other uses a rear yard is not required except when it abuts upon an "R-1" or "R-2" district, in which case there shall be a rear yard of not less than ten feet. (4) Intensity of use. For uses permitted in the "R-2" district the minimum lot area and minimum lot width shall be the same as in the "R-2" district. There are no minimum lot area or width requirements for other uses. (5) Parking regulations. a. The parking regulations for dwellings are the same as those in "R-2" districts. b. Where any structure is erected, reconstructed, or converted for any other business or commercial uses permitted in this section, parking spaces shall be provided in the ratio of not less than one parking space for each 200 square feet of floor space in the building which is used for commercial purposes. Such parking space may be located on the same lot as the building or on an area within 300 feet of the building. Two or more owners of buildings may join together providing this parking space. (6) Additional use, height, and area regulations. Additional use, height, and area regulations and exceptions are found in section Sec "B-2" Highway/Commercial Business District. The following regulations shall apply to the "B-2" Highway/Commercial Business District: (1) Use regulations. A building or premises shall be used only for the following purposes: a. Any use permitted in the "B-1" Neighborhood/Historical Business District. b. Automobile salesroom and accompanying service facilities. c. Automobile repair garage. d. Bakeries that are completely within an enclosed building. No building or structure shall be erected, converted or constructed to allow for the interior passage of motor vehicles for the retail sale or delivery of foods and/or beverages. e. Billboards and poster boards. f. Dance hall and skating rink. g. Frozen food locker plants. h. Hotel. i. Moving picture house or theater. j. Laundry and cleaning. k. Tourist court or motel. Pg.9!

10 l. Trailer camp or mobile home court. m. Any other retail businesses not included in the Neighborhood/Commercial Business District, provided that such uses are not noxious or offensive by reason of vibrations, smoke, odor, dust, gas, noise or similar nuisance and such uses are conducted completely within an enclosed building; and all merchandise be sold at retail on the premises. No building or structure shall be erected, converted or constructed to allow for the interior passage of motor vehicles for the retail sale or delivery of foods and/or beverages. (2) Height regulations. No building shall exceed 2½ stories or 35 feet in height. (3) Yard regulations. a. Front yard. For uses permitted in the "R-2" district, the front yard requirements for the "R-2" district shall apply. For other uses permitted in this district a front yard of 20 feet in depth is required. b. Side yard. For uses permitted in the "R-2" district, the side yard requirements for the "R-2" district shall apply. For other uses no side yards are required. c. Rear yard. For uses permitted in the "R-2" district, the "R-2" district regulations shall apply. There are no rear yard regulations for other uses. (4) Intensity of use. For uses permitted in the "R-2" district the minimum lot area and minimum lot width shall be the same as the "R-2" district. There are no minimum lot areas or lot width requirements for other uses. (5) Parking regulations. a. The parking regulations for dwellings are the same as those in the "R-2" district. b. Where any structure is erected, reconstructed, or converted for any of the business or commercial uses permitted in this section, parking spaces shall be provided in the ratio of not less than one parking space for each 200 square feet of floor space in the building which is used for commercial purposes. Such parking space may be located on the same lot as the building or on an area within 300 feet of the building. Two or more owners of the building may join together to provide this parking space. c. Tourist courts. At least one parking space shall be provided and maintained on the lot for each tourist court unit. (6) Additional use, height, and area regulations. Additional use, height, and area regulations and exceptions are found in section Sec "E Educational District. The following regulations shall apply to the "E Educational District: (1) Use regulations. A building or premises shall be used only for the following purposes: a. Purposes of public educational instruction for Kindergarten through grade 12. b. Applies to certain Pre-school application where an approved curriculum for learning exits with trained instructors; thus excluding day-care types of centers. c. Higher learning extensions of a post High School curriculum such as a Junior College extension facility or for Regional Teacher Education. d. Educational Administration use or for purposes associated with the operation of the local school district. (2) Height regulations. No building hereafter erected or structurally altered shall exceed six stories or 75 feet. (3) Yard regulations. Pg.!10!

11 a. Front yard. For uses permitted in the "R-2" district, the front yard requirements for the "R-2" district shall apply. For other uses no front yard is required. b. Side yard. For uses permitted in the "R-2" district the side yard, yard requirements for the "R-2" district shall apply. For other uses there are no side yard requirements. c. Rear yard. For uses permitted in the "R-2" district, the rear yard regulations for the "R-2" district shall apply. For other uses there are no rear yard regulations. (4) Intensity of use. For uses permitted in the "R-2" district, the minimum lot area and minimum lot width shall be the same as in the "R-2" district. There are no minimum lot area or lot width requirements for other uses. (5) Parking regulations. The parking regulations for the dwellings and business and commercial uses are the same as those in the "B-2" district. (6) Additional use, height, and area regulations. Additional use, height, and area regulations and exceptions are found in section Sec "I" Industrial District. The following regulations shall apply to the "I" Industrial District: (1) Use regulations. Any building or premises may be used for any purpose not in conflict with any article of the City, provided that no building or structure shall be erected, converted or constructed to allow for the interior passage of motor vehicles for the retail sale or delivery of foods and/or beverages, and provided that no building or occupancy permitted shall be issued for any of the following uses until and unless the location of such use shall be approved by the City Council following a recommendation by the City Planning Commission: Such uses being: a. Cement or lime manufacture. b. Distillation of bones. c. Explosive manufacture or storage. d. Fat rendering. e. Garbage offal or dead animal incineration, reduction or dumping. f. Junkyards or automobile wrecking yards. g. Petroleum refinery. h. Slaughter and dressing of animals (not including poultry and rabbits). i. Stockyards. j. Wholesale storage of gasoline or other petroleum products in carload lots or more above ground. (2) Height regulations. No building shall exceed a height of six stories or 75 feet. (3) Yard regulations. a. Front yard. For uses permitted in the "R-2" district the front yard requirements for the "R-2" district shall apply. For other uses there is no front yard requirement. b. Side yard. For uses permitted in the "R-2" district the side yard requirements for the "R-2" district shall apply. For other uses no side yards are required. c. Rear yard. For uses permitted in the "R-2" district the rear yard requirement for the "R-2" district shall apply. For other uses there is no rear yard requirement. (4) Intensity of use. For uses permitted in the "R-2" district the minimum lot area and minimum lot width shall be the same as in the "R-2" district. There are no minimum lot area or lot width requirements for other uses. Pg.!11!

12 (5) Parking regulations. The parking regulations for the dwellings are the same as those in the "R-2" district. (6) Additional use, height, and area regulations. Additional use, height, and area regulations and exceptions are found in section Sec Additional use, height, and area regulations and exceptions. (a) Use regulations. (1) Accessory buildings. No accessory building shall be constructed upon a lot until the construction of the main use building has been actually commenced. No accessory building shall be used unless the main use building on the lot is also being used. No accessory building or structure shall be erected, converted or constructed to allow for the interior passage of motor vehicles for the retail sale or delivery of foods and/or beverages. (2) Railroad right-of-way. On all existing rights-of-way of railroad companies, regardless of the zoning district in which such rights-of- way are located, railroad trackage and accessories to railroad movement may be constructed or maintained. (b) Height regulations. (1) Public, semi-public or public service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding 60 feet, and churches and temples may be erected to a height not exceeding 75 feet if the building is set back from each yard line at least one foot for every two feet additional height above the height limit otherwise provided in the district in which the building is located. (2) Chimneys, cooling towers, elevator bulk heads, fire towers, grain elevators, flour mills, monuments, stacks, or scenery lofts, tanks, water towers, ornamental towers, and spired church steeples, radio or television towers, or necessary mechanical appurtenances, may be erected to a height in accordance with existing or hereafter adopted ordinances of the City, provided that in the absence of any such ordinances there shall be no height limitations of these structures. (c) Area and density regulations. (1) In a district in which commercial or industrial buildings are built with one or more stories for residential purposes above the commercial or industrial uses, no side yards will be required for the residential portions of the building, provided that the part of the building intended for residential use is not more than two rooms deep from front to rear. (2) No yard or other open space provided about any building for the purposes of complying with the provisions of these regulations shall again be used as a yard or an open space for another building. Every part of a required yard shall be open to the sky and unobstructed by buildings except for accessory buildings in the rear yard and except the ordinary projections of skylights, sills, belt courses, cornices, and other ornamental features which may project into such yards a distance of not more than two feet. (3) Open, unenclosed porches, platforms, or landing places not covered by a roof or canopy may extend or project into the front yard for a distance not exceeding six feet. (4) Terraces, uncovered porches, platforms, and ornamental features which do not extend more than three feet above the floor level of the ground (first) story may project into a required side yard, provided these projections be distant at least two feet from the adjacent side lot line. (5) Front yard. a. Where 40 percent or more of the frontage on one side of a street between two intersecting streets is developed with buildings that have observed (with a variation of five feet or less) a front yard greater in depth than herein required, new buildings Pg.!12!

13 shall not be erected closer to the street than the front yard so established by the existing buildings. b. Where 40 percent or more of the frontage on one side of a street between two intersection streets is developed with buildings that have not observed a front yard as described above, then: 1. Where a building is to be erected on a parcel of land that is within 100 feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two closest front corners of the adjacent buildings on the two sides; or 2. Where a building is to be erected on a parcel of land that is within 100 feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building. In determining such front yard depth, buildings located entirely on the rear one-half of a lot shall not be counted. c. Vision clearance. On any corner lot on which a front or side yard is required, no wall, fence, sign, or other structure, or any plant growth shall be permitted or maintained higher than two feet above the curb level within 15 feet of the intersection of the property lines. (6) Side yards. a. The minimum width of a side yard of a corner lot in the "R-1" and "R-2" districts shall be not less than ten feet provided that if the street side line of a corner lot is in the same block frontage with lots, whose street line is a front of such lots, the side yard shall extend to the average alignment of the buildings along the same line of the street, unless such buildings are more than 25 feet back from the street line, in which case the side yard need not be more than 25 feet. b. A side yard of not less than 25 feet on the side of a lot adjoining on an "R-1" or "R-2" district shall be provided for all schools, libraries, churches, community houses, clubs, and other public or semi-public buildings hereafter erected or structurally altered. c. Where a lot in the "B-2", or "I" district is not used for residential purposes and abuts upon "R-1" or "R-2" district, a side yard shall be provided of not less than five feet. d. Garages detached or attached to the main use building entering on the side street of a corner lot shall maintain a side yard of 20 feet in front of the garage. (7) Rear yard. a. In the "R-1" or "R-2" districts accessory buildings shall not occupy more than 30 percent of the required minimum rear yard area. Accessory buildings shall be a minimum of 12 feet from the main use building. In "R-1" and "R-2" districts no accessory building shall be more than one story in height. b. In computing the depth of a rear yard where such yard opens into an alley, one-half of the width of such alley may be assumed to be a portion of the required yard. Sec Nonconforming uses. (a) Nonconforming use of land. The nonconforming use of land where no building is involved existing at the time of the passage of the ordinance from which this article is derived may be continued for a period of not more than two years therefrom, provided that no such nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property, and that if such nonconforming use of land or any portion thereof is discontinued or changed, any future use of such land shall be in conformity with regulations of the district in which it lies. (b) Nonconforming use of buildings. Pg.!13!

14 (1) Except as otherwise provided in this article, the nonconforming use of a building existing at the time the ordinance from which this article is derived becomes effective may be continued and the use of a nonconforming building may be changed to another use of the same or more restricted classification; but where such uses change to a more restricted classification, it shall not thereafter be changed back to a use of less restricted classification. A nonconforming building which is or may hereafter become vacant and which shall remain unoccupied or its nonconforming use discarded for a continuous period of one year shall not thereafter be occupied except by a use which conforms to regulations of the district in which it is located. A nonconforming building may be maintained or kept in good repair except as otherwise provided in this section. No existing nonconforming building may be enlarged, extended, reconstructed or altered unless its use is changed to a use permitted in the district in which such building is located except in the event such enlargement, extension, reconstruction, or alteration is required by a court decision, law, or ordinance. (2) No nonconforming building shall be moved in whole or in part to any other location on the lot unless every portion of such building is made to conform to all regulations of the district in which it is located. A nonconforming building which is damaged by fire, explosion, flood, wind, earthquake or other calamity or act of God or public enemy to the extent of 50 percent or more of its reasonable value may not be restored except in conformity with the regulations of the district in which it is located. (c) Prohibited uses. The following uses now in existence and not in a strict conformity with the provisions of the district in which it is located are hereby prohibited and such uses in existence in the City, shall be altered, replaced, or removed to conform to the provisions of the ordinance from which this article is derived on or before the date shown in the following schedule: (1) Billboards and poster boards: One year from date of enactment. (2) Junkyards and automobile wrecking yards: One year from date. (3) Mobile homes: One year from date. Sec Permits. No permit for the erection, alteration, or enlargement of any building shall be issued by the building inspector unless there first be filed in the building inspector's office by the applicant therefor a plat, drawn to scale and in such form as may be prescribed by the said building inspector, correctly showing the location and actual dimensions of the lot to be occupied, the dimensions and location on the lot of the building to be erected, altered, or enlarged, together with a true statement in writing, signed by the applicant, showing the use for which such building is arranged, intended or designed, and furnishing such other information as the building inspector may require in the enforcement of the provisions of this article, and any failure to comply with the provisions of this article shall be good cause for the revocation of any such building permit by the building inspector. A record of such application and plat shall be kept in the office of the building inspector. Sec Community unit plan. (a) The owner of any tract of land in the City comprising an area of not less than ten acres may submit to the City Building Inspector a plan for the use and development of the entire tract of land for residential purposes. The development plan shall be referred to the City Planning Commission for study, public hearing, and report. The commission's recommendations and report together with the plan shall be submitted to the City Council within 30 days for consideration and action. (b) The recommendations and report by the City Planning Commission shall contain specific evidence and facts showing whether or not the proposed project meets the following conditions: Pg.!14!

15 (1) The property adjacent to the area included in the plan will not be adversely affected. (2) The plan is consistent with the intent and purposes of this article to promote public health, safety, morals, and general welfare. (3) The buildings will be used only for the purposes provided for in the "R-1" and "R-2" districts. (4) The average lot area per family contained in the site, exclusive of the area occupied by streets, will be not less than the lot area per family required in the district in which the development is located. (c) If the City Council approves the plan, building permits and certificates of occupancy may be issued even though the use of the land and the location of the building to be erected in the area and the yards open spaces contemplated by the plan do not conform in all respects to the district regulations of the district of which it is located. Sec Neighborhood shopping center. (a) The owner of any tract of land comprising an area of not less than 2½ acres and not lying within a business district may submit a development plan for a neighborhood shopping center. Such application shall be processed in accordance with the provisions of section (b) The City Planning Commission may recommend to the City Council that such application be approved if the application conforms to the following: (1) The uses permitted in the center be limited to those limited to those of the "B-1" Neighborhood Business District as listed in section 48-7 (2) The entire development be designed as a single architectural unit with appropriate landscape and architectural treatment of the entire area. (3) At least four times the gross floor area of the stores included in the development is provided in off-street parking areas as integral parts of the design of the unit plan. (4) The appropriate use of property adjacent to the area included in the plan will be fully safeguarded, and to this end the City Council may make such requirements, as it deems necessary. (5) Satisfactory evidence shall be submitted that the automobile parking areas and the landscaped areas be properly constructed and maintained. (6) The plan is consistent with the intent and purposes of this article to promote the public health, safety, and general welfare. Sec Certificate of occupancy. (a) No vacant land shall be occupied or used except agricultural uses until the building inspector shall have issued a certificate of occupancy. (b) No premises shall be used and no buildings hereafter erected or structurally altered shall be used, occupied or changed in use until a certificate of occupancy and compliance shall have been issued by the building inspector according to the laws and the provisions of these regulations. (c) Certificates of occupancy and compliance shall be applied for coincidental with the application for a building permit and shall be issued within ten days after the erection or structural alteration of such buildings shall have been completed in conformity with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the building inspector. (d) No permit for occupation for any building shall be issued before application has been made for certificate of occupancy and compliance. Pg.!15!

16 (e)! A!certificate!of!occupancy!shall!be!required!of!all!nonconforming!uses.!Application!for! a!certificate!of!occupancy!for!nonconforming!uses!shall!be!filed!within!12!months!from!the! effective!date!of!the!ordinance!from!which!this!article!is!derived!with!the!building!inspector.! Sec Boundaries of districts. Where uncertainty exists with respect to the boundaries of the various districts as shown on the map accompanying and made a part of this article, the following rules apply: (1) The district boundaries are either streets or alleys unless otherwise shown, and where the districts designated on the map on file in the City Secretary's office and made a part of this article are bounded approximately by street or alley lines, the street or alley shall be construed to be the boundary of the district. (2) Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the districts designated on the map on file in the City Secretary's office and made a part of this article are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated on the map. (3) In subdivided property, the district boundary lines on the map accompanying and made a part of this article shall be determined by use of the scale appearing on the map. Sec Board of Adjustment, establishment and power; appeals. (a) A Board of Adjustment is hereby established. (b) The Board of Adjustment shall consist of the members of the City Council, who have authority to act as a Board of Adjustment pursuant to V.T.C.A., Local Government Code Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. (c) The board shall adopt rules in accordance with the provisions of this article. Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine. Such chairperson or, in the chairperson's absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examination and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance or to effect any variation in such ordinance. (d) Appeals. (1) Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the City affected by any decision of the building inspector. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof, and by paying a filing fee of $3.00 to the county tax collector, at the time the notice if filed, which shall be credited to the general fund of the City. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed that by reason of facts stated in the certificate a stay would, in the officer's opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment Pg.!16!